[open-government] National legal barriers to open data in Europe

Tue Jan 4 23:22:16 UTC 2011

On Tue, Jan 4, 2011 at 10:06 PM, Tim McNamara
<paperless at timmcnamara.co.nz>wrote:

>
>> To address that concern however, OpenKvK could explicitly have two licence
> agreements with its users. One for use of the API and one for the use of the
> data themselves. This would allow the service to have the security of a
> widely known licence, such as the ODbL and also keep their API as widely
> open as practical.
>
That doesn't help with the problem of an increasing number of licences which
are not interoperable

>
>
>> However, my overriding point was that it's not clear which laws apply in
>> any given territory, and it would be useful for the community if there was a
>> resource bringing these together in one place.
>>
>
> Individual cases will be different, but I imagine that most data API
> providers will state that in their terms of use that the relevant
> jurisdiction in the case of problems is their own.
>

This is the problem, in a nutshell: it's not clear to a reuser what the
applicable laws in that jurisdiction, which means it's problematic combining
data from different countries (and that's what I'd love OKFN take a lead in
helping put together).

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